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Can Georgia Do Right?
Troy Davis: What the Stay of Execution Means?
Is the legal system of the state of Georgia up to the task - when the task is to rectify the flawed trial of a black man accused of killing a white police officer?
The world is waiting to see if justice can prevail.
Fortunately, on Friday, October 24, the U.S. Court of Appeals for Georgia's 11th Circuit issued a stay of execution that narrowly prevented accused cop killer Troy Davis from being put to death by lethal injection the following Monday.
This is the third stay of execution in a case that has attracted worldwide interest. Troy Anthony Davis is charged with the 1989 murder of police officer Mark Allen MacPhail. Davis has been in prison for 19 years, most of that time on death row.
Circumstances surrounding officer MacPhail's death are murky. The violence erupted in a dimly-lit parking lot late at night when someone in a group of men opened fire with a .38 caliber pistol.
That "someone," according to the lawyer prosecuting the case, was Troy Davis.
But Davis, who was 20 at the time, was very likely framed.
In the absence of solid physical evidence, including a murder weapon (the gun was supposedly never found) witness testimony is especially crucial. However, most of the witnesses had been drinking, and once the shooting started, they were seeking cover.
Witnesses were coerced. One was threatened with 10-12 years in jail if he didn't implicate Davis. Another, Sylvester Redd Coles, was himself a suspect in the shooting. Coles had brandished a .38 earlier in the evening. He told the court he'd thrown the gun away.
Key testimony came from a woman standing 160 feet away, looking at four black men scrambling about in a fracas that was "over before it began." Pressured into identifying Davis at the trial, the woman called his defense that night said it was all lies. When that was reported to the court, the woman, Dorothy Ferrell, was arrested. Her lawyer told her she could be convicted of perjury and imprisoned for ten years.
"She was a single mother of four," observes attorney Deirdre O'Connor, director of Innocence Matters. "She chose freedom over the truth."
Another witness said he couldn't identify the shooter - when questioned that night, and again a month later. Two years later, he confidently identified Davis as the murderer.
Of the nine witnesses who testified against Davis, seven have tried to recant. However, the recantations have been blocked for technical reasons.
Despite the shakiness of the case against Davis, the U.S. Supreme Court decided October 14, 2008 not to hear Davis's appeal. Justice John Paul Stevens, speaking for the minority, questioned the adequacy of Georgia's appeal process. In another case involving Georgia, Stevens found "particularly troubling" Georgia's track record with respect to cases involving black defendants and white victims.
The U.S. Supreme court's decision tossed Troy Davis's life back into the hands of Georgia, whose supreme court had already denied the appeal on procedural grounds.
Prosecution lawyer Spencer Lawton, who out-lawyered Davis's meager defense team in the original trial, continues to press for the death penalty. Lawton was recently interviewed by radio journalist Dori Smith, who asked him if the unusually high proportion of witnesses trying to recant did not perhaps undermine the credibility of the trial testimony.
On the contrary, Lawton responded. The high number made the recantations "suspect." He called it "too much of a coincidence," and asked rhetorically if you couldn't trust the witnesses then, how were you going to trust them later?
Lawton went on to suggest that the clamor raised on behalf of Troy Davis by public interest groups like ACLU, Amnesty International, and the Innocence Project is tantamount to a "mob" gathered outside jurors' doors.
As for Davis's 19-year dance with death, Lawton says "Cases like this can't drag on forever," he said. "Everybody suffers," The family of the murdered police officer and even the defendant himself - Troy Davis -- are entitled to "closure."
Closure for Troy Davis is to be death?
If Lawton's Alice in Wonderland logic seems outrageous, it's the same logic that informed the Georgia Supreme Court's blinkered approach to the earlier appeal, when it allowed procedural gambits to override serious concern for justice.
It is the logic of the very "mob" that Lawton decries. One can't but ask, would the same mentality prevail if the accused were white?
More is at stake here than one man's life. Even setting aside the ethical and philosophical questions surrounding capital punishment, the fact remains: If Troy Davis cannot receive a fair and impartial trial in Georgia, this raises serious questions about the state's ability in this the twenty-first century to provide liberty and justice for all.
Troy Davis seeks closure in the form of justice. We all do.
David Morse is a journalist and human rights activist who has written extensively about Sudan. He may be reached at his web-site: www.david-morse.com



25 Comments so far
Show AllWell y'all we's gonna take care of 'im juss like the Buybull says to. Yeeeehaw!! Praise Jeeeeeeeeeeezus!
Georgia's State Song should be "The Night The Lights Went Out In Georgia" and not Ray Charles' signature tune.
On the contrary, Lawton responded. The high number made the recantations "suspect." He called it "too much of a coincidence," and asked rhetorically if you couldn't trust the witnesses then, how were you going to trust them later?
Read this very carefully. Might anyone offer comment?
I'll take you up on that, although I caution that I know nothing of the case other than this article.
To me, the logic of that statement has blown the prosecution's case. If the sudden change now in witness testimony implies untrustworthiness on the witness's character then logically that must also apply to the original testimony. Only if a person is guilty until proven innocent could it be otherwise. Please tell me that is not the case. Also, if the accused is innocent then a larger rather than lesser number of witnesses recanting would lend credence to that innocence so the prosecution's entire statement is logical nonsense. Unless some external factor such as coercion is playing a part, the prosecution is expecting us to believe that the witnesses were trustworthy at the time but untrustworthy now. How could that get past any trustworthy judge?
.We keep killing people, in all ways and manners, for many differing reasons. That DNA evidence has plainly exposed the fact that the poor and black are condemned to die far more frequently than are their equally poor white neighbors and even less so the financially better off whites accused of the same capital crimes seems to be ignored. If DNA shows such a horrific incorrect conviction rate then what must one think of the entire process itself.
Thou shalt not kill seems pretty straight forward a statement to me and murdering someone who murders a strange sort of justice.
We see things, not as they are, but as we are.
Anais Nin
If the State of Georgia executes another innocent black man
then I wonder how they will fare under the next Federal Administration.
Amnesty International has been very strong on this. Hit their site and add your voice!
Add your two cents or a few bucks or join! www.amnestyusa.org/troydavis
Maybe that's why even GA is getting closer to voting Obama, no?
I saw this at www.electoral-vote.com . Right now, GA is barely Mccain.
Nate,
Obama is pro death penalty. So why does your citing support for him add to the cause?
Has Obama mentioned Troy Davis?
Silence.
Barack Obama was for single payer before he came out against it.
"Obama is pro death penalty. So why does your citing support for him add to the cause?
Has Obama mentioned Troy Davis? "
Just because Obama was silent on Troy doesn't mean he's pro-death penalty.
.Actually, Nathan, he is....
http://deathpenaltyusa.blogspot.com/2007/02/barack-obama-and-death-penalty.html
...and he isnt...typical Obama.
.
We see things, not as they are, but as we are.
Anais Nin
"In a nutshell: He's pro-death penalty but he is also pro-let's not execute the wrong guy."
So Obama is a social moderate on the death penalty. I think that's reasonable. The main reason the death penalty is being called into question has to do with executing the wrong people who might not be the culprits after all.
In reality, he's not pro-death penalty all the way. I'll admit that I'm not completely liberal about this issue. If the accused did indeed commit the heinous crime and it can be proven beyond reasonable doubt then the punishment is well deserved. I don't want to see taxpayer dollars going towards proven murders sitting in jail when in fact those jail cells would be better suited towards actual prison reform for those who committed less severe crimes. Yeah, I probably sound a bit complicated but you get the idea.
"In a nutshell: He's pro-death penalty but he is also pro-let's not execute the wrong guy."
____________________________
How can anyone question the courage, boldness, and rectitude of a politician who dares to publicly support the position of "let's not execute the wrong guy"?
It recalls the climactic scene in "To Kill a Mockingbird", where Atticus Finch, alone, stands guard over the jailed Tom Robinson and (with a little unexpected help) fends off a lynch mob.
Actually, it's perfectly consistent with Obama's pro-war stance; he's pro-war, but he is also pro-let's fight the RIGHT war, the SMART war, the GOOD war.
Who but a carping purist elitist could fail to appreciate the beauty and elegance of such righteous stances?
.Dude you are babbling now.
You asked if Obama was indeed pro death penalty ,I responded with a link. The thanks I get for enlightening you is a stuttering, stammering retreat in the form of an attack, however intellectually couched.
Obama seems to have never met a side of any issue that he couldnt defend, and in time defend both sides of every issue. Put that alongside "clean" coal.
.
We see things, not as they are, but as we are.
Anais Nin
Dude, give the guy a chance. He made it clear that he's not for the death penalty all the way. What do you expect Obama or NN to be, a puritanical "progressive" who allows proven rapists and serial killers to suck up tax payer money enjoying his stay in jail? You sure don't sound any better than the rightwing jerks I have to put up with everyday. I thought that the Left was supposed to be more open minded and truly liberal and take various points into consideration.
Getting back to your article, there are people in life who are made unaware of the actual plight of those on death row but at least Obama changed for the better. Can you say the same of the Republicans? Hey man, why not have Mccain with Palin shooting your head off with a sniper rifle in her helicopter if she thinks you're a "threat". Is that what you want?
Instead of reading anti-Obama articles, here's an unbiased one:
http://www.cnn.com/2007/POLITICS/11/12/obama.death.penalty.ap/
Successful people in US history are always the ones to make the toughest choices and compromises. Just ask Abraham Lincoln !
Terrance Mitchell
Redfield, South Dakota
Psychologically, the thrall of death is the root problem for the human race. It colors every other agenda we profess like stain coming up through whitewash. We are in love with death across (and beneath) the political spectrum in America. If you want to get involved in something really futile, try joining a dp abolition group. Here in Arizona, our lovely liberal governor, former prosecutor Janet Napolitano, thinks that killing bad guys is a dandy crime fighting tool. All the presidential candidates think so too. To oppose the death penalty is political suicide in this country. This article has been up all day on CD, a progressive blog, and only seven people have any comment about it. Mr. Death is alive and well in my country's brain. When the sanctity of life is affirmed across the board by our society, from the unborn to the people we bomb to the animals we hunt, I'll believe in the Shining City myth.
We have Bill Clinton to thank for now having to fight like crazy to stop the legal murder of an innocent man.
Clinton signed the Effective Death Penalty Act of 1996 weakening the system of opportunities for the wrongly convicted to get legal redress for judicial lynching.
Just another reason why the lesser of two evils argument is bogus.
Barack Obama was for single payer before he came out against it.
When justice occurs in a US Court it is in spite of, not because of the judicial system. The system is not designed to produce truth or justice. It is an adversarial system that is gamed by many lawyers for career advancement purposes.
I am trying to change the system. I am a Candidate for Attorney General in Vermont. I cannot do it alone. It is time the public to demand justice.
You know, you could move to GA and try running for Attorney General or try to help someone out there in GA who's just like you. At least give them ways to frame their arguments and win over supporters.
Nebraska Nathan...Thanks. I will have to think about your suggestion.
My state of South Dakota could sure as hell use an attorney general similar to you. Especially after this abortion ban which I am sorry to see my state make a spectacle of itself carrying out, more women are in further danger of losing their lives and that to me is as close to the death penalty as they'll ever get.
Terrance Mitchell
Redfield, South Dakota
Sioux Rose
ROSEMARIE: My ex (from ten years ago) took me to dinner last night and he said if someone is put before a jury, the statistics are that 97% of the time the prosecution will win, and the individual will be found guilty of something, if a plea for a lesser charge. I was STUNNED by those statistics. Are they true?
Oh, he was a major prosecutor in N. Florida. (Forgot to add that tidbit)
Sioux Rose...I am not sure about the statistics that you ask about. There are many innocent in prison and many guilty walking among us. I was the first candidate in the US to call for the prosecution of Bush. Now some other candidates have followed my lead.
One of the biggest problems in the judicial system is the influence of money - in both civil and criminal trials. Testimony is purchased under the guise of 'expert witnesses'. The side with the most money usually wins. Often the jury is never told that the testimony was bought. 'Expert Witnesses' are otherwise known as 'Liars for Hire'. When I first started to write about this - a few years ago- a lawyer, who specializes in selling testimony, threatened to sue me.
Most legitimate cases of medical malpractice never get to court and of those that do, only a very small percent ever result in a fair settlement to the family of the injured or dead patient.
All Atlanta needs to do is to elect a DA (or State Attorney depending on what they call it there) like Dallas County in Texas. DA Watkins (the first African-American DA Dallas ever had by the way)managed to overturn 19 life in prison or death penalty cases in less than 2 years in office.
What he did was implement a policy that all violent crime convictions where DNA evidence was available and the convicted asked for reevaluation would be reopened and the evidence would be reexamined (or in most cases considered for the first time despite its availability at the time of the original prosecution). Not surprisingly 18 of the 19 convictions overturned on DNA evidence were African-American males (one of whom had been in prison for 27 years).
Given the recanting of so many witnesses in the Troy Davis case and no physical evidence to link Davis to the crime scene, there is a very good possibility this guy was hung out to dry just simply to score a conviction on the part of prosecutors and police. Such things ought not to be.
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